Jose Alberto Martinez vs. Amy’s Kitchen And Ciga,adjusted By Intercare For Paula Insurance,now In Liquidation

This case involves Jose Alberto Martinez and Amy's Kitchen and CIGA, adjusted by Intercare for Paula Insurance, now in liquidation. Majestic Insurance Company sought reconsideration of the September 7, 2010 Opinion and Order Dismissing Petition for Reconsideration, Granting Petition for Reconsideration and Decision After Reconsideration, wherein the Workers' Compensation Appeals Board dismissed Majestic's petition for reconsideration of their June 24, 2010 Opinion and Order Granting Petitions for Reconsideration and Decision After Reconsideration, granted California Insurance Guarantee Association's (CIGA) petition for reconsideration, amended their June 24. 2010 decision to add an award of medical treatment to the workers' compensation administrative law judge

Amy’s Kitchen and CIGA,adjusted by intercare for Paula Insurance,now in liquidation Jose Alberto Martinez WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAJOSE ALBERTO MARTINEZ, Applicant,vs. AMY’S KITCHEN and CIGA, adjusted by Intercare for Paula Insurance, now in liquidation, Defendant(s).Case Nos. ADJ2886265; ADJ578550 OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant Majestic Insurance Company (Majestic) seeks reconsideration of the September 7, 2010 Opinion and Order Dismissing Petition for Reconsideration, Granting Petition for Reconsideration and Decision After Reconsideration, wherein we dismissed as successive Majestic’s petition for reconsideration of our June 24, 2010 Opinion and Order Granting Petitions for Reconsideration and Decision After Reconsideration, granted California Insurance Guarantee Association’s (CIGA) petition for reconsideration, amended our June 24. 2010 decision to add an award of medical treatment to the workers’ compensation administrative law judge’s (WCJ) April 6, 2010 Findings. Award and Order in ADJ57S550(SRO 014146‘>), and otherwise affirmed our June 24, 2010 decision.            Majestic contends that we erred in granting CIGA’s unverified petition and tftat w!c had no jurisdiction under Labor Code section 5804 to amend the WCJ’s decision by adding a medical treatment award.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received any Answers.            For the reasons expressed in our September 7, 2010 opinion, which we incorporate herein, and for the reasons discussed below, we will deny Majestic’s petition for reconsideration. ,             As we explained in our previous opinion, failure to verify a petition for reconsideration is not a jurisdictional defect which mandates dismissal. (Lacena v Workers’ Comp. Appeals Bd (2000) 65 Cal.Comp Cases 1425, 1426; Wings West Airlines v. Workers’ Comp Appeals Bd (1986) 18

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